The conservative Founding Freedom Law Center filed a lawsuit against the Virginia Supreme Court last Thursday, challenging the state’s ban on conversion therapy as “unconstitutional.”

The FFLC, the legal arm of the Family Foundation, filed a lawsuit in Henrico County Circuit Court on behalf of John and Janet Raymond, a husband-and-wife team who own the Associate Counseling Center in Warren County.

Their practice specializes in Christian-based counseling for families and individuals.

The lawsuit claims the Raymonds have regularly counseled minors seeking help with struggles related to their sexuality. However, they argue that Virginia statute 54.1-2409.5 prohibits professional counselors from assisting minors in “aligning their sexuality or gender identity with the Bible,” which they claim violates their rights to free speech and religious freedom.

“A Virginia licensed counselor that simply has a conversation with a minor for the purposes of helping him or her embrace their God-given sexuality – instead of pursuing homosexuality or transgenderism – can lose their license,” said Victoria Cobb, president of the Family Foundation, during last Thursday’s press conference.

The statute, enacted July 1, 2020, classifies conversion therapy—a practice aimed at changing an individual’s sexual orientation or gender identity to conform to cisgender or heterosexual norms—as “unprofessional conduct” that is subjected to disciplinary action.

Research from the Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy indicates LGBTQ individuals who have undergone conversion therapy from a religious leader or practicing counselor face a 92% higher likelihood of experiencing lifetime suicidal ideation and a 75% greater likelihood of planning to attempt suicide.

However, FFLC’s counsel and representative, Josh Hetzler, expressed confidence in the lawsuit’s success, citing similar cases such as Vlaming v. West Point School Board. In that case, the Virginia Supreme Court ruled in favor of a teacher who refused to use gender pronouns that conflicted with his religious beliefs.

“There’s no such thing as professional speech under the First Amendment jurisprudence, that speech is speech,” Hetzler said. “We’ve got a great Religious Freedom Restoration Act that other states don’t have, and we’ve got a great constitution. So, for all those reasons, we feel very confident.”

Since the lawsuit’s announcement, local LGBTQ rights activists have criticized it, arguing that it infringes on the rights of the LGBTQ community.

“What they’re trying to do is trample on the rights of gay people,” said Tavarris Spinks, an LGBTQ activist and former 2nd District Richmond City Council candidate. “They [anti-gay rights activists] have been doing this sort of thing my entire life, certainly my entire adult life.”

While Hetzler stated that this legal challenge does not serve any particular race, Spinks expressed his concerns for the local Black community.

“I fear for my siblings in the Black gay community,” he said. “I should say, if something like this passes – especially younger folks – folks don’t get a choice in where they go or what they do before the age of 18.”

Spinks also emphasized that there are more needs to be met within the local LGBTQ community, such as the rising homelessness and family abuse among LGBTQ groups due to individuals coming out to relatives.

“I thought we were done with this. I thought we’re going to be tackling harder issues,” he said. “This [conversion therapy] is proven scientifically that it does harm, like studies show that if folks go through this, it’s not effective. I would say ... what they’re doing is a waste.”

The Commonwealth’s Office of the Attorney General is aware of the lawsuit but will not comment on the case due to pending litigation.